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What
is California 'REACH"?
California REACH is shorthand for the Green
Chemistry Initiative
AB 1879: Green Chemistry Initiative
SB 509: Toxics Information Clearinghouse
Governor Arnold Schwarzenegger signed AB 1879 and SB 509 into law on
September 29. 2008, bringing
REACH-like
legislation to California. The joined bills are intended to
establish a regulatory process whereby toxic substances can be
identified, evaluated and restricted based upon the input of the
scientific community rather than the existing piecemeal system of "chemical de jure" legislative initiatives.
Known as the Green
Chemistry Initiative, it will be administered by the existing
Department of Toxic Substances Control
(DTSC) in the California Environmental Protection Agency. The department
must issue the regulations necessary to establish and support the
initiative by January 1, 2011.
The DTSC will be
advised on scientific and technical matters by a new
Green Ribbon Science Panel.
Appointed by the DTSC to 3-year terms, its members must represent a
broad range of enumerated disciplines in science, engineering,
manufacturing, law, public health and risk analysis. The panel must meet
at least twice yearly, beginning no later than July 1, 2009.
The DTSC must establish
a web-based, publicly accessible
Toxics
Information Clearinghouse for the collection, maintenance and
distribution of data on chemical hazard traits, environmental and
toxicological end-points. The utilization of information developed by
other nations and authoritative bodies is strongly encouraged.
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California's legislation
applies to chemicals in consumer
products only
(previously, the focus of the DTSC has been on vehicles and
industrial facilities). Specifically excluded from the definition of consumer products
are: |
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Drugs and medical devices
whose use requires a prescription (i.e. Rx only), medical
devices other than contact lenses or prosthetics, dental
materials used in tooth restoration other than dentures or
implants, and packaging for the above products |
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Human and animal foods,
including drinks, confections, condiments and chewing gums |
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Pesticides used to control
any detrimental plant, animal, virus, fungus or bacteria |
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Mercury-containing lights,
bulbs, tubes or electrical devices used primarily for
illumination -- but this exemption ends December 31, 2011 |
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The DTSC
process for evaluating and regulating
chemicals of concern must follow these legislative guidelines: |
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Chemicals
having a significant adverse impact
on public health or the environment (including air, water or
soil) will be regulated |
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The
evaluation must consider the chemical's
entire lifecycle:
production, use and disposal of a consumer product
(including disposal or use of the byproducts and waste
materials) |
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The
evaluation must include an evaluation of
alternatives
to the chemical of concern |
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Priority for evaluation
is determined by the volume of the chemical used in
California, its potential for consumer exposure, and its
effects on subpopulations such as infants and children |
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Public health impacts
include impacts on worker safety and subpopulations
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Environmental impacts
include emissions of air pollutants, ozone forming
compounds, particulate matter, toxic air contaminants and
greenhouse gasses; and the contamination of surface water,
groundwater and soil |
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Lifecycle assessment
should consider product function, performance and useful
life; energy efficiency; materials/resource consumption and
water conservation; energy inputs during production,
transportation and use; and economic impacts |
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The DTSC
will recommend one of the following
regulatory responses in response to the
evaluation: |
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No action
needed |
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Additional
information about the chemical/alternatives needed
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Labeling or consumer
product information required |
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Restrictions on use of
the chemical in consumer products; requirements that limit
access or exposure to the chemical or consumer product |
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Prohibitions on the use
of the chemical in consumer products |
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Requirements for manufacture
responsibility at end of life, including
recycling or disposal of consumer product |
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Requirements that manufacturer fund a
green chemistry challenge grant (where no
safer alternative to the chemical exists) |
The
California Environmental Policy Council has 90 days to review the evaluation and proposed regulations
before they take effect (the council is composed of the heads of
Environmental Protection, Pesticide Regulation, Toxic Substances
Control, Air Resources, Water Resources Control, Environmental Health
Hazard Assessment, and Integrated Waste Management). If the council
determines that the DTSC proposals would have a significant adverse
impact, it can recommend
alternative measures.
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In summary,
California's Green Chemistry Initiative is less comprehensive
than REACH in the European Union: |
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California
does not require the registration
of chemical substances with the DTSC |
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Manufacturers
are required to submit data to DTSC
only when the DTSC initiates an evaluation of a
chemical of concern |
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The scope of
California's legislation is limited to consumer products only |
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There is no
distinction between whether the consumer product is a substance,
preparation or article. |
This summary is
intended to give you an easy-to-understand overview and does not
constitute legal advice. The actual standard in the original language
should be reviewed and used for all business, legal, and product
compliance purposes.
Should you need
assistance in assessing how California's Green Chemistry Initiative will affect your company, we stand ready
to help you. Just
email
us or give us a call at 972-679-8996 for a timely and personalized response.
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RSJ
Technical Consulting
PO Box 867705, Plano, Texas 75086 |
